What Is The Difference Between Custody And Remand?

is that

custody is the legal right to take care of something or somebody

, especially children while remand is the act of sending an accused person back into custody whilst awaiting trial.

What does remand to custody means?

a : to send back (a case) to another court or agency for further action. b :

to return to custody pending trial or for further detention

.

Why would you be remanded in custody?

Typically, a suspect will be remanded only

if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial

. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.

What happens when someone is in remand?

If you are held on remand,

you will not be able to access any prison based rehabilitation or counselling programs

. On your court date, you will either be found guilty and sentenced to a jail term or released from the court if you are found not guilty.

What rights do remand prisoners have?

When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. … They should also have

further rights in prison

, such as being able to wear their own clothes and having more visits.

Can you visit a prisoner on remand?

If you’re unsure of the rules, get in contact with the prison. A prisoner on remand (waiting for their trial)

is allowed three 60-minute visits a week

. A convicted prisoner is allowed at least two 60-minute visits every four weeks.

How many types of remand are there?

One is

Police Custody Remand

wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.

What police do in remand?

In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for

collecting evidence and completion of investigation

. The purpose of remand is to facilitate completion of investigation. This power of ordering remand is given to the judicial magistrate under S.

What is a remand home?

Definition of remand home

:

a British institution to which juvenile offenders may be committed by the court for temporary detention

: detention home children from 8 to 16 sent to remand homes for periods up to one month — compare borstal.

How long do you stay in remand?

Unless you are suspected of terrorism, they can only keep you under arrest for

six hours

before they either charge you with an offence or release you from custody, unless an extension is granted by a detention warrant. A detention warrant can extend the investigation period by another six hours, totalling twelve hours.

Can you get bail while on remand?

Remand means that

you will not be given bail

and must stay in prison while your trial is going on.

What happens if you are remanded in custody?

When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody. If a defendant is remanded in custody

they will be kept in prison and required to appear in court

.

What is the difference between remand and bail?

Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing.

If bail is refused, then the arrested person is remanded in custody pending the next court hearing

. … Even longer in the higher courts.

What is a remand order?

An order to the sheriff to hold a defendant in custody until his or her next court appearance

, or until bail is posted.

How is remand different from imprisonment?

Unsentenced prisoners – also known as remand prisoners – are held in custody before their trial on criminal charges; in strict legal theory, remand prisoners are only held to guarantee that they are present for their trials;

the law does not regard their imprisonment as punishment

.

Can you kiss a prisoner?

Prisoners and visitors

who have had contact visits may again share a brief kiss

and/or hug at the end of the visit. All visitors must show (or collect) their identification and pick up their pass as they leave the visiting room.

What clothes can a prisoner have?

Convicted prisoners

You will have to wear clothes that the prison gives you. These clothes include

underwear, socks and shirts

. Prison staff must make sure these clothes are clean, in good enough condition and keep you warm and healthy. Prison staff must make sure they give you clean clothes often.

What is remand 167 difference between judicial custody and police custody?

After 15 days

, the accused can only be kept in judicial custody or any other custody as ordered by the Magistrate, but not under the custody of the Police. In this case custody of 7 days after expiry of 15 days of police remand was held violative of Section 167 of the Code of Criminal Procedure.

Can remand be extended?

Section 167 ceases to be applicable for the purposes of extending remand, once the charge sheet has been filed or beyond the prescribed period of

60 days or 90 days

as the case may be. Time and again, this has been upheld by the Supreme Court of India as well as by several High Courts across the country.

Why do courts remand?

Remand is

when higher courts send cases back to lower courts for further action

. … For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion.

Why do police take remand?

The purpose of remand is

to facilitate completion of investigation

. … And if it is not done within 24 hours and the police officer needs him in custody for some more time for the successful completion of investigation, he cannot detain him without an order of remand by the court under S. 167(2) of the CrPC.

What happens after police custody?

Soon after the arrest,

an accused can be kept in police custody for up to 24 hours

. Beyond that, it is the magistrate who decides whether he/she should stay in police custody or be remanded to judicial custody. Police custody can be extended for a maximum period of 15 days.

What is remand Home India?

According to the Indian constitution there should be separate jails for the juvenile prisoners or under-trials. They are

Observation Homes

formerly known as remand homes.

What is legal remand?

Law. a.

to send (a prisoner or accused person) back into custody

, as to await trial or further investigation. b. to send (a case) back to a lower court for additional proceedings.

What do you mean by remand home of observation home?

Juveniles charged with committing a crime are sent

to observation homes first. If convicted of serious crimes like murder, they are transferred to a special remand home where they can be kept for a maximum of three years.

Who goes on remand?

• you have been charged with a serious crime, for example armed robbery.
• you have been convicted of a serious crime in the past.
• the police think you may not go to your court hearing.
• the police think you may commit another crime while on bail.
• you have been given bail before and not stuck to the terms.

Does remand count as double?

If two or more consecutive sentences are received,

time on remand will only be counted once

, and will not apply to each sentence. … Essentially, any time taken into consideration for sentence calculation must be time served on the current case, and time spent on another sentence will not be considered.

What is a remand court hearing?

Remand is

the detention of an alleged offender by a court order

.

Is a remand a final judgment?

Sept. 16, 2014)). Therefore, for appellate purposes, an order remanding a matter to

an administrator is not a final decision

, and not immediately appealable.

Who decides bail or remand?

The Act outlines that bail can only be granted by a “bail authority”. The two main “bail authorities” are

the police and the courts

. A police officer who is of or above the rank of sergeant has the power to grant an accused bail.

Are remand prisoners kept with convicted prisoners?

A person held in custody awaiting trial is presumed to be innocent. The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners

should be held separately

, often a person awaiting trial on remand will share a cell with a convicted prisoner.

What’s another word for remanded?